Full Breakdown
Trump Allies Pursue FTCA to Pay Jan. 6 Claimants
6/13/2026, 12:23:12 AM
New Compensation Path After Weaponization Fund Collapse
The Justice Department halted the $1.8 billion weaponization fund that President Donald Trump proposed to compensate supporters he says were targeted by the Biden administration. Allies now argue claimants can seek restitution through the 1946 Federal Tort Claims Act (FTCA), which permits administrative claims and lawsuits against the federal government.
Legal Foundations and Prior Attempts
The FTCA lets individuals file an SF-95 claim alleging government wrongdoing, with an option for out-of-court settlement. A 1956 congressional Judgment Fund, created for federal lawsuit settlements, has been floated as a financing source. Strategy sessions at the 2024 Republican National Convention, described by Michael Caputo, first explored using these mechanisms to replace the abandoned fund.
Principal Actors
Key participants include former President Donald Trump; Stanley Woodward, the Justice Department’s third-ranking official; Michael Caputo, former HHS spokesperson; acting Attorney General Todd Blanche; Senator Lindsey Graham; Patrick Jaicomo of the Institute for Justice; attorney Peter Ticktin; former DOJ official Rupa Bhattacharyya; and Michael Flynn, who received a $1.25 million FTCA settlement.
Numbers Driving the Effort
The abandoned weaponization fund was $1.8 billion. Caputo has sought $2.7 million in restitution. At least ten lawsuits have been filed, with more than 400 claimants represented by Ticktin. Michael Flynn previously received a $1.25 million FTCA payout.
Official Statements & Responses
Justice Department officials say the FTCA remains available: Woodward told Reuters the fund is dead but claimants may still sue. A White House spokesperson said no new announcements exist and warned against speculation. The department declined to encourage filing claims, noting any compensation would follow existing legal processes.
Criticism & Opposition
Republican lawmakers opposed the original weaponization fund, calling it a slush-money scheme. Critics warn that using the Judgment Fund to pay “violent felons” who assaulted police would be politically and ethically contentious. Legal scholars note settlements are typically pursued only when the government faces a high risk of losing at trial.
Conflicting Reports & Gaps
Sources differ on the total number of FTCA claims filed and the timeline for settlements. Claimants argue that alleged government misconduct constitutes ongoing harm, a legal interpretation not yet settled by courts. The Justice Department has offered no definitive guidance on whether it will settle claims before litigation.
Verbatim Quotes
- “At my level, the fund is dead,” — Stanley Woodward, DOJ official
- “The people were destroyed by dirty cops and by weaponization," Trump said on NBC's "Meet the Press" program aired on Sunday.” — Donald Trump, former President
- “We're asking for restitution in the millions of dollars,” — Peter Ticktin, attorney for Jan. 6 claimants
- “That would be a travesty because these are very defensible lawsuits,” — Rupa Bhattacharyya, former DOJ official
Future Outlook
Legal experts expect a surge in FTCA filings as claimants test the “ongoing harm” argument. The Justice Department’s settlement choices could set precedent for future government liability. Congressional scrutiny of the Judgment Fund may prompt legislative clarification before large-scale payouts occur.
